Swain v. Clague et al
| Michael Swain |
| David Clague, Louie Glossip and Ralphie Abernathy |
| 4:2022cv04036 |
| March 4, 2022 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 9 Mail Returned as Undeliverable as to Michael Swain, regarding #8 . (RES) |
Filing 8
TEXT ORDER entered by Chief Judge Sara Darrow on 4/18/2022. Court docket entry #7 sent to plaintiff Michael Swain has been returned as undeliverable. Within 14 days of the entry of this order, plaintiff is directed to show good cause why this case should not be dismissed for failure to keep the Court informed of plaintiff's address. Failure to show good cause will result in dismissal of this case. (RES)
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Filing 7
MERIT REVIEW ORDER entered by Chief Judge Sara Darrow on 4/7/2022. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Plaintiff shall have 30 days from the entry of this order to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Plaintiff's amended complaint will replace Plaintiff's original complaint in its entirety. The amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. 2) Plaintiff's motion for counsel #4 is denied, with leave to renew upon demonstrating that he made attempts to hire his own counsel. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This typically requires writing to several lawyers and attaching the responses. If Plaintiff renews his motion, he should set forth how far he has gone in school, any jobs he has held inside and outside of prison, any classes he has taken in prison, and any prior litigation experience he has. (KB)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. by Michael Swain (KB) |
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TEXT ORDER entered by Chief Judge Sara Darrow on 3/9/2022 granting #3 Petition to Proceed In Forma Pauperis. Plaintiff's trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b) (4), the initial partial filing fee is waived. The agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. (KB)
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| Filing 5 Letter from Clerk's Office requesting Trust Fund Ledgers. Trust fund ledger sheets due by 3/21/2022. (KB) |
| Filing 4 MOTION to Request Counsel by Plaintiff Michael Swain. Responses due by 3/18/2022. (KB) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Michael Swain. (KB) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 322 16th Street, Rock Island, IL 61201. Merit Review Deadline set for 3/24/2022. (Attachments: #1 Notice Regarding Privacy Issues) (KB) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Swain. (KB) |
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